Rape; Proper Party (1993) Ariel intimidated Rachel, a mental retardate, with a bolo into having sexual Intercourse

with him. Rachel's mother immediately filed a complaint, supported by her sworn statement, before the City Prosecutor's ffice. After the necessary preliminary investigation, an information was signed by the prosecutor but did not contain the signature of Rachel nor of her mother. Citing Art. !"" of the RPC #prosecution of the crimes of rape, etc.$, Ariel moves for the dismissal of the case. Resolve with reasons.
SUGGESTED ANSWER:

%he case should not be dismissed. %his is allowed by law (People us. Ilarde, 125 SCRA 11). It is enough that a complaint was filed by the offended party or the parents in the &iscal's ffice. Plunder under RA 7080; Prescriptive Period (1993) %hrough 'ic'bac's, percentages or commissions and other fraudulent schemes (conveyances and ta'ing advantage of his position, Andy, a former mayor of a suburban town, ac)uired assets amounting to P*+ billion which is grossly disproportionate to his lawful income. ,ue to his influence and connections and despite 'nowledge by the authorities of his Ill-gotten wealth, he was charged with the crime of plunder only after twenty #.+$ years from his defeat in the last elections he participated in. *$ /ay Andy still be held criminally liable0 1hy0 .$ Can the 2tate still recover the properties and assets that he illegally ac)uired, the bul' of which is in the name of his wife and children0 Reason out.
SUGGESTED ANSWER:

*$ Andy will not be criminally liable because 2ection 3 of RA 4+5+ provides that the crime punishable under this Act shall prescribe in twenty years and the problem as'ed whether Andy can still be charged with the crime of plunder after .+ years. .$ 6es, because 2ection 3 provides that recovery of properties unlawfully ac)uired by public officers from them or their nominees or transferees shall not be barred by prescription, laches or estoppel. Rape; Effect; Affidavit of Desistance (1993) Ariel intimidated Rachel, a mental retardate, with a bolo into having sexual Intercourse with him. Rachel's mother immediately filed a complaint, supported by her sworn statement, before the City Prosecutor's ffice. After the necessary preliminary investigation, an information was signed by the prosecutor but did not contain the signature of Rachel nor of her mother. Citing Art. !"" of the RPC #prosecution of the crimes of rape, etc.$, Ariel moves for the dismissal of the case. Resolve with reasons. After the prosecution had rested its case, Ariel presented a sworn affidavit of desistance executed by Rachel and her mother stating that they are no longer interested in prosecuting the case and that they have pardoned Ariel. 1hat effect would this affidavit of desistance have on the criminal and civil aspects of the case0 7xplain fully.
SUGGESTED ANSWER:

*$ %he case should not be dismissed. ... .$ %he affidavit of desistance will only amount to the condonation of civil liability but not criminal liability hence the case should still proceed.